- (1.) THIS writ petition has been filed by the petitioner raising a public cause to the effect that the respondents, which include authorities of the South Eastern Railways as also the Secretary, Ranchi Regional Development Authority(R.R.D.A.), be directed to stop the operation of earth removing work which is taking place for constructing drains from Katharkocha to Birsa Chowk and further the authorities of the South Eastern Railway be directed to construct a pucca road from Birsa Chowk to Katharkocha or to construct underground railway crossing at Katharkocha and in the alternative, connect the road to Katharkocha railway bridge taking into consideration the interest of the people living in that area.
(2.) A show cause notice was issued to the respondents in response to which the authorities of the South Eastern Railway has filed affidavit stating therein that the construction of road from Birsa Chowk to Katharkocha is not possible. However, it is admitted by them that a road from Katharkocha to Birsa Chowk is unauthorisedly being used by the commuters for the last more than 100 years and that road is sufficient for the use of the commuters and a new road is not required for the people living in the vicinity. Counsel for the R.R.D.A. also had taken a stand on the last occasion as also today that the road which is now being used by the public at large is the land which belongs to South Eastern Railways and, therefore, they are not in a position to upgrade the road which, according to the respondent -railway, is unauthorisedly used by the commuters. Having considered the aforesaid facts, in the light of the oral argument advanced by the counsel for the parties, it could be safely inferred that a kutchha road from Katharkocha to Birsa Chowk is being used by the people for the last more than 100 years and the railway authorities have acquiesced with this situation giving right of easement to the people at large by allowing them to use that road. It is no bodys case that this land which is being used by the people at large should be taken away from the railways and no one has come forward to assert that the land do not belong to the railways. Hence we although accept the contention of the counsel for the railways that the land belongs to them, we cannot ignore the fact that it is being used by the general public for the last 100 years and yet it has not been converted into a pucca road. But we are also equally conscious of the fact that if the railway has any project in future to up -grade the railway tracks they cannot be prevented from doing so merely because the road is being used by the public. But, as of now, they do not have any project to use this land in any manner than to allow the commuters who have been consistently and regularly using it. Hence, we direct the respondent -railway to coordinate with the R.R.D.A. for constructing a pucca road which at present is being used by the commuters with a rider that if, in future, the respondent -railway wants to use this land for any other purpose, they can divert this road to any other place for allowing ingress and outgress of the public by providing an alternative site for the road. But, for the time being, the respondent -railway is directed to construct a pucca road on the land which is being used by the public at large. As already directed, if the need arises for using the land for any other purpose to give effect to any project, an application before this Court may be filed if any occasion arises. We reiterate that the construction be made in coordination with the authorities of the R.R.D.A. for which an amount of Rs.12.48 lakhs have already been sanctioned as per the information furnished. The authorities of the R.R.D.A. may cross -check this version and if that amount has already been sanctioned for the construction of this road, the same be used for construction of the road after obtaining sanction to that effect from the South Eastern Railways. The writ petition, in the light of the aforesaid direction, be treated as disposed of.
(3.) IN view of the concern expressed by the counsel for the respondent -railway to the effect that the South Eastern Railway has already a project for the use of the land, which is due to be started shortly and hence will require this land, we reiterate that the liberty already referred to hereinbefore may be availed by seeking a direction from this Court for modification or withdrawal of this order by which road is ordered to be constructed as we have gathered after hearing the counsel for the parties that although this road is being used for the last 100 years, it is neither being used for any project by the Railways nor the construction of a pucca road has taken place. Hence no purpose would be served by allowing the land to be used as kutchcha road by putting a restraint onr construction of a pucca road. Thus, we dispose of this writ petition granting liberty to the railways to start the project as and when they require to do it. Till that time the land which is already used as a kutchcha road for the last 100 years be allowed to be converted into a pucca road, as already indicated hereinbefore.;